S B TRIPATHI Vs. SDMC & ANR

JUDGEMENT

(1.) This appeal assails order dated 05.10.2016 passed in the writ petition and order dated 04.11.2016 passed in a review petition. The appellant is a resident of Om Apartments.

(2.) Aggrieved by the act of the respondents allowing of a Sunday Market by encroaching upon public land i.e. main road from Om Apartments, Sector-14, Pocket-2, Phase-2, Dwarka to Nirmal Bhartiya School and other areas led to the filing of the writ petition.

(3.) The allegations contained in the writ petition were that a weekly Sunday market was being held in connivance with the officials of the SDMC, police officials with the sole purpose of illegal monetary gains. It was alleged that though an amount of Rs.15/- can be collected from each vendor per sitting but a sum of Rs.115/- is being collected from each hawker at the cost of free movement of traffic and free movement of pedestrians. It was also complained that despite various communications issued to the SHO and DDA being land owing agency, no steps were taken to curtail the weekly market. By an order dated 05.10.2016, learned Single Judge had dismissed the writ petition while taking into consideration the affidavit filed by respondent no.1/SDMC. As per affidavit so filed before the learned Single Judge, the field inspection was carried out and it was found that only on the pavement and on the side of the road, the stalls were found and there was no disruption of traffic at the site. Around 20 photographs were placed on record to substantiate what was stated in the affidavit. The report of SHO, Police Station-Dwarka was also considered by the learned Single Judge. As per affidavit of SHO, the stalls were being held on the side of the road and not on the main road and duration of market was only 3 to 4 hours.